2969.04
Administration and distribution of recovery of offender's profits fund by clerk of court of claims.

(A)
The
clerk of the court of claims shall administer the recovery of offender's
profits fund created by section
2969.06 of the Revised Code and
shall maintain in the fund in the name of each offender a separate account for
money received, or money received from the sale or other disposition of
property, pursuant to section
2969.02 or
2969.03 of the Revised Code. The
clerk shall distribute the money in each account in accordance with division
(C) of this section.

If money is deposited in the fund and maintained in a separate
account in the name of an offender and if the offender is found not guilty of
all of the charges against the offender in this state, all of the charges
against the offender in this state are dismissed, or the offender is found not
guilty of some of the charges against the offender in this state and the
remaining charges against the offender in this state are dismissed, the clerk
shall return all of the money in the separate account plus the interest earned
on the money to the persons from whom it was obtained.

(B)
Notwithstanding a contrary provision of
any section of the Revised Code that deals with the limitation of actions, a
victim of an offense committed by an offender in whose name a separate account
is maintained in the recovery of offender's profits fund may bring a civil
action against the offender or the representatives of the offender, and, if
money in the separate account was obtained from a member of the family of the
offender or an agent or assignee of a member of the family of the offender,
against the family member, agent, or assignee at any time within three years
after the establishment of the separate account.

In order to recover from a separate account maintained in the
fund in the name of an offender, a victim of that offender shall do all of the
following:

(1)
Within the three-year
period or, if the action was initiated before the separate account was
established, within ninety days after the separate account is established,
notify the clerk of the court of claims that a civil action has been brought
against the offender or the representatives of the offender and, if money in
the separate account was obtained from a member of the family of the offender
or an agent or assignee of a member of the family of the offender, against the
family member, agent, or assignee;

(2)
Notify the clerk of the court of claims
of the entry of any judgment in the civil action;

(3)
Within ninety days after the judgment in
the civil action is final or, if the judgment was obtained before the separate
account was established, within ninety days after the separate account is
established, request the clerk of the court of claims to pay from the separate
account the judgment that the victim is awarded in the civil action.

If a civil action is brought against an offender or the
representatives of the offender and, if money in the separate account was
obtained from a member of the family of the offender or an agent or assignee of
a member of the family of the offender, against the family member, agent, or
assignee and if the civil action is brought after the expiration of the statute
of limitations that would apply to the civil action but for this division, the
court shall state in a judgment in favor of the victim that the judgment may be
enforced only against the separate account maintained in the name of that
offender in the recovery of offender's profits fund.

(1)
The clerk of the court of claims shall
not make a payment from the separate account maintained in the name of an
offender in the recovery of offender's profits fund to a victim of the offender
until the expiration of the later of the following periods:

(a)
The expiration of three years after the
establishment of the separate account, provided that no action of which the
clerk was notified under division (B)(1) of this section is pending;

(b)
If three years has elapsed since the
establishment of the separate account and if one or more actions of which the
clerk was notified under division (B)(1) of this section is pending at the
expiration of that three-year period, the date of the final disposition of the
last of those pending actions.

(2)
Upon the expiration of the applicable
period of time set forth in division (C)(1) of this section, the clerk of the
court of claims shall make payments from the separate account maintained in the
name of an offender in the recovery of offender's profits fund to any victim of
the offender who has obtained a judgment against the offender or the
representatives of the offender and, if money in the separate account was
obtained from a member of the family of the offender or an agent or assignee of
a member of the family of the offender, against the family member, agent, or
assignee for damages resulting from an offense committed by the offender. The
payments shall be made as provided in this division.

After an offender in whose name a separate account is
maintained in the recovery of offender's profits fund is convicted of or found
not guilty by reason of insanity of any offense in this state, the clerk of the
court of claims shall determine on the second day of January and the first day
of April, July, and October of each year the amount of money in that separate
account. After the expiration of the applicable period of time set forth in
division (C)(1) of this section, the clerk shall pay from that separate account
any judgment for which a victim of that offender has requested payment pursuant
to division (B)(3) of this section and has requested payment prior to the date
of the most recent quarterly determination described in this division. If, at a
time that payments would be made from that separate account, there are
insufficient funds in that separate account to pay all of the applicable
judgments against the offender or the representatives of the offender and, if
money in the separate account was obtained from a member of the family of the
offender or an agent or asignee of a member of the family of the offender,
against the family member, agent, or assignee, the clerk of the court of claims
shall pay the judgments on a pro rata basis.